No.

2587
H.No 4536
S.

Begun and held in Metro Manila, on Monday, the twenty-fourth

day of July, two thousand six.

[ REPUBLIC ACTNO.

94 33 ]

AN ACT PROVIDING FOR A MAGNA CARTA FOR

PUBLIC SOCIAL WORKERS

Be it enacted by the Senate and House of Representatives

af the Philippines in Congress assembled:
SECTION 1. Title. - This Act shall be known as the
Magna Carta for Public Social Workers.

SEC. 2. Declaratiou of Policy. - The State shall promote

and improve the social and economic well-being of public
social workers, their living and working conditions, and terms
of employment. It shall develop their skills and capabilities
to make them more responsive to the needs and problems

of their clients and better equipped in delivering social services

and programs. The State shall likewise encourage those with
proper qualifications and excellent abilities to apply and remain
in social development work in the government service.

SEC. 3. Definition of Terms. - As used in this Act,

the following terms shall mean as follows:
(a) 'Social Work' - refers to the profession which helps
individuals, families, groups, and communities develop,
improve, maintain or restore their capability for coping with
the demands of their environment, through the use of social
work methods and interventions;
(b) 'Registered Social Worker' - refers to a graduate of
Bachelor of Science in Social Work or Master's Degree in Social
Work a n d who h a s passed t h e social work licensure
examination;

(c) 'Public Social Worker' - refers to registered social

worker employed in the government service;

(d) 'Public Social Welfare and Development Worker' refers to those employed in government social welfare and
development agencies;
(e) 'CSC' - refers to the Civil Service Commission;

(0 'DSWD' - refers to the Department of Social Welfare

and Development;
(g) 'DOLE
Employment;

refers to the Department of Labor and

(h) 'DILG - refers to the Department of the Interior and

Local Government;
(i) 'NLRC' - refers to the National Labor Relations
Commission; and
(j) 'PRC' - refers to the Professional Regulations
Commission.

SEC. 4. Coverage. - This Act shall cover all registered

social workers employed in government service.

SEC. 5. Recruitment a i d Qualificatioits. - The selection

and appointment of social workers shall be in accordance
with the merit and fitness principle.

All government social work agencies and institutions

shall be headed by registered social workers except for
cabinet and non-career positions. Priority shall be given t o
registered social workers in filling up social work positions
in the government.
SEC. 6. Merit Promotion and Career System. - A Social
Work Management and Consultative Council shall be created
to prepare a uniform career and personnel development plan
applicable to public social workers. Such career a n d
personnel development plan shall include provisions on merit
promotion, performance evaluation, in-service training grants,
job rotation, incentive awards system and other policies that
govern the social security of the social workers.
SEC. 7. Composition. - The Social Work Management
a n d Consultative Council shall be composed of
representatives of the DSWD, CSC, DILG, DOLE, Philippine
Association of Social Workers, Inc. (PASWI), Association of
Provincial/City and Municipal Social Welfare a n d
Development Officer of the Philippines, Inc. (APCMSWDOPI),
the League of Provinces, League of Cities and League of
Municipalities. The Secretary of the DSWD or hislher
representative shall be the head of the Council.

SEC. 8. Classification of Social Work Persoiuiel. - The

Social Work Management and Consultative Council shall
develop a career ladder and classification system for all social
work positions i n government service: Provided, That all
position classification shall carry Social Worker title.

SEC. 9. Code of Conduct. - All public social workers

shall be guided by the Social Work Code of Ethics as adopted
by the Board of Social Work and as approved by the PRC
within six months from the effectivity of this Act.

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SEC. 10. Normal Hours of Work. - The normal hours
of work of any public social worker shall not exceed eight
hours a day or forty (40) hours a week. Hours of work shall
include:

(a) the time during which a public social worker is

required t o be on active duty or t o be a t a prescribed
workplace;
(b) the time during which a public social worker is
permitted to work; or
(c) the time during which a public social worker is
required in a place other than prescribed workplace;

Provided, That, the time when a public social worker is

placed on 'On Call' status shall not be considered as hours
worked but shall entitle the public social worker to an 'On
Call' pay equivalent to fifty percent (50%) of hisher regular
wage. 'On C a r status refers to a condition when public social
workers are called upon to respond to urgent or immediate
need or relief work during emergencies such that hdshe cannot
devote the time for hisher own use: Provided, further, That,
no public social worker shall be placed in 'On-Call' status
beyond seven days per month. Public social workers can also
teach or practice their profession after office hours.
SEC. 11. Ouertirne Work. - Where the exigencies of the
service so require, any public social worker may be required
to render service beyond the normal eight hours a day,
inclusive of Saturdays, Sundays or nonworking holidays. In
such a case, the public social worker shall be paid a n
additional compensation in accordance with existing laws.

SEC. 12. Compemztion. - The existing law on the salary

scale of government employees shall apply in determining the
salaries of public social workers. In case of violations of this
provision, the public social worker concerned shall file the
necessary complaint to the CSC or NLRC through the Social
Work Management. and Consultative Council.

SEC. 13. Leave Benefits. - Public social workers shall

be entitled to all leave benefits and privileges, such as but
not limited to maternity, paternity, vacation and sick leaves,
as provided for under existing laws: Prouided, That upon
separation of the public social workers from service, they
shall be entitled t o all accumulated leave credits with pay.

SEC. 14. Highest Basic Salary Upon Retirement. - Upon

retirement, a public social worker shall automatically be
granted a n increase of one salary grade higher than hisher
basic salary and hisher retirement benefits shall be computed
on the basis of hisher highest salary received.
SEC. 15. Other Benefits. - Aside from the benefits
received as required under existing laws and executive orders,
the public social workers shall receive the following:
(a) Hazard Allowance - Public social workers and public
social welfare and development workers assigned in remote and
depressed areas, strife-torn or embattled areas, distressed or
isolated stations, mental hospitals, leprosaria, areas declared
under a state of calamity or emergency which expose them
to great danger, volcanic activity/eruption, occupational risks
or threats to life shall be compensated with hazard allowance
equivalent to at least twenty per centurn (20%) of the monthly
basic salary.
(b) Subsiste~ice/~ansportatioll
Allowance - Public social
workers who are required to render services in communities,
institutions, hospitals and other social work establishments in
order t o make their services available a t all times, shall be
entitled to daily full subsistence allowance for three meals
which shall be computed according to p r e v a h g circumstances.
Those assigned out of their regular work stations shall be
entitled t o per diem in place of this allowance. Actual
transportation allowance shall also be provided to public social
workers on field work.

(c) Housiiig axd Liuing Quarters Allowance - AU public

social workers who are transferred t o another assignment due
to the exigency of the service shall be entitled to free housing
within the agency concerned Provided, That, if living quarters
are not available within the agency and the personnel has his/

her residence outside of fifty (50) kilometers radius from such

government facility, helshe shall receive a housing allowance,
and: Prouided, further, T h a t the rate of such housing
allowance shall be periodically adjusted for inflation.
(d) Loizgeuity Pay - A monthly longevity pay equivalent
to five per centum (5%) of hisher latest monthly basic pay
shall be paid to a public social worker for every five years
of continuous, efficient and meritorious service rendered as
certi6ed by the chief of office concerned, commencing with the
service after approval of this Act.
(e) Clothing Allowance - All public social workers shall
be entitled to a minimum of One thousand five hundred pesos
(P1,500.00) clothing allowance annually, which amount shall
be adjusted as needed.
SEC. 16. Compensation From Injuries. - Public social
workers shall be protected against work-related injuries in
accordance with the Labor Code and Civil Service Law, as
the case may be. Injuries incurred while doing overtime
work shall be presumed work-connected.
SEC. 17. Rights of a Public Social Worker. - Public social
workers shall have the following rights:

(a) Protection from discrimination by reason of sex,

sexual orientation, age, political or religious beliefs, civil
status, physical characteristics/disability, or ethnicity:
@) Protection from any form of interference, intimidation,
harassment, or punishment, t o include, but not limited to,
arbitrary reassignment or termination of service, in the
performance of hisher duties and responsibilities:

(c) Join, organize, or assist organizations or unions for

lawful purposes;
(d) Protection from any act that wiU prevent hisher from
applying professional interventions that the client's situation
may require; and

(e) Opportunities for continuing professional growth and

development.
SEC. 18. ReassignmeiLt of Public Social Workers. - Except
in the interest of public service, no transfer or geographical
reassignment shall be made or effected without written notice
t o a public social worker: Prouided, That said written notice,
stating the reasons for the reassignment, shall be made at
least thirty (30) days prior t o the date of transfer or
reassignment: Provided, further, That, if the public social
worker believes that there is no justification for the transfer
and/or reassignment, helshe may appeal hisher case t o the
CSC, which shall cause hisher transfer and/or reassignment
t o be held in abeyance: Provided, furthermore, T h a t
reassignment coinciding with any local or national election
shall be made in compliance with Election Code and other
existing laws and rules: Provided, finally, That the necessary
expenses of the transfer and/or reassignment of the public
social worker and hisher immediate family shall be paid for
by the agency concerned.

SEC. 19. Married Public Social Workers. - Whenever

possible, the proper authorities shall take steps to enable
married couples, both of whom are public social workers, t o
be employed or assigned in the same municipality, but not
in the same office: Provided, That it shall not apply to
married public social workers already assigned in the same
office a t the time this law takes effect.

SEC. 20. Freedom from Interference or Coercion. - I t

shall be unlawful for any person t o commit any of t h e
following acts of interference or coercion:

(a) To intimidate or force a public social worker t o

submit valuable documents that will violate the principles of
confidentiality of records agreed upon between him/her and
the clientele groups: Prouided, That the release of such
documents shall be approved by the clients concerned and
shall redound to their social well-being, and upon court order;
(b) To prevent a public social worker from upholding and
applying the basic social work principles in carrying out the

programs and services for the target client groups of the social
work agency;
(c) To intimidate in order to encourage or discourage
membership in any social work organization or union:
(d) To prevent a public social worker from carrying out
hisher duties and functions in the social work organization
or union or t o penalize the public social worker for any
lawful action performed in that capacity:
(e) To make calculated harassment and interference
with the intention of intimidating or preventing the public
social worker from performing his duties and functions;

(0 To make calculated harassment against, or, t o

transfer, penalize or terminate the services of a public social
worker who is carrying out hisher advocacy function role for
and in behalf of hisher clientele groups who are victims of
social injustice.
SEC. 21. Human Resource Development. - The DSWD
shall conduct a periodic human resource development and
management study in the following areas:
(a) Adequate facilities and resources to render quality
social service t o their clientele:
(b) Opportunities for public social workers to grow
professionally and to develop their potentials and experience
a sense of worth and dignity in their work;

(c) Mechanism for democratic consuItations;

(d) Staffing patterns and standards of social work to
ensure that the clients receive quality care;
(e) Upgrading of working conditions, reclassification of
positions and salaries of public social workers to correct the
disparity vis-$-vis other professions;

(0 Allocation of funds for the participation of public

social workers in seminars, conferences, conventions and

9
similar activities a s part of their continuing professional
growth.
SEC. 22. Security of Tenure. - No public social worker
holding a permanent position shall be terminated except for
cause: Prouided, That, in the event the public social worker
is found to be unjustly dismissed by the CSC or the NLRC;
as the case may be, helshe shall be entitled to reinstatement
without loss of seniority rights and backwages with twelve per
eentum (12%) interest to be computed from the time h i s h e r
compensation was withheld from himlher up to the time of
reinstatement.
SEC. 23. Implementing Rules and Regulations. - The
Social Work Management and Consultative Council, upon
consultation with the Chairperson of the Senate Committee
on Social Juetice, Welfare and Rural Development and the
Chairperson of the House Committee on Social Services, shall
formulate t h e necessary r u l e s a n d regulations, not
inconsistent w i t h any provisions of this law, for t h e
implementation of the Magna Carta for Public Social
Workers. The rules and regulations shall be promulgated
within six months from the effectivity of this Act.
SEC. 24. Penal Provision. - Any person who shall
willfully interfere with, restrain or coerce any public social
worker in the exercise of hislher rights or shall in any
manner commit any act in violation of any of the provisions
of this Act, upon conviction, shall be punished by a fine of
not less than Twenty thousand pesos (P20,OOO.OO) but not more
than Forty thousand pesos (P40,OOO.OO) or imprisonment of not
more than one year, or both, a t the discretion of the court.
If the offender is a public official, the court, in addition to
the abovementioned penalties, may impose the additional
penalty of disqualification from office.
SEC. 25. Separability Clause. - If any provision of this
Act is declared unconstitutional or invalid, the remainder
thereof not affected thereby shall continue to be in full force
and effect.
SEC. 26. Repealing Clause. - All laws, ordinances, rules
and regulations, other issuances or parts thereof which are

10

inconsistent with this law are hereby repealed or modified

accordingly.
SEC. 27. Effectiuity. - This Act shall take effect fifteen
(15) days after its publication in at least two newspapers of
general circulation.

Approved,

Speaker of the House

of Representatives

HouseBiUNo.4536wasfinallypassedbytheSenateandtheHouse
of Representatives on February 8, 2007 and February 7, 2007,
respectively.

Secretary of the Senate

Approved:

APR 1 1 2007

GLORIA

OYO